Appeal from the District Court of the Fourteenth Judicial District, County of Eevada.

This was an action for damages and a perpetual injunction on the part of the Union Water Company against Woods and wife, and Andrew Jamieson, for the diversion of water claimed by plaintiff. The defendants Woods disclaimed, while the defendant Jamieson justified, bis right to the water. The facts were as follows : In the year 1850, the defendants Woods were in the possession of a tract of government land that contained several springs of running water, which, after running a short distance through their natural outlets, united and formed one stream, which, in the year 1851, ran through a small tract of land adjoining, and was used by the owners thereof for irrigation and other natural purposes. In June, 1852, Woods sold out Ms right to the springs to the plaintiff, and became a member of said company, who-at once constructed a system of water-works whereby the town of Grass Valley has been supplied by water ever since the year 1852. The defendant Jamieson connected himself by various 'conveyances with the title that the possessors in 1851 had to the ranch adjoining the Woods tract, and claimed and exercised the right in 1856 of using the water of plaintiffs for his natural uses. The case was tried before a jury, whom the defendant Jamieson asked the Court to instruct as follows, which being refused, an exception was duly taken : “ If the jury believe, from the evidence, that the defendant Andrew Jamieson, or those under whom he holds, located the ranch or piece or parcel of ground prior to the claim set up by the plaintiffs to the waters of the springs in question, and that the water of said springs, by its natural flow, found its way into defendant Jamieson’s said ranch, then that said Jamieson was entitled to the reasonable use of said water, and to have the same flow through his ranch for agricultural and farming purposes, as against the plaintiffs, subsequently diverting the same for culinary and domestic purposes.” The jury returned a verdict in favor of plaintiffs, on which judgment was rendered. Defendants appealed.